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Marsh 3 faces third lawsuit on child sex

A Houston law firm filed a third civil lawsuit Wednesday against Stanley Marsh 3, alleging he paid teenage boys increasing sums of cash for sex acts depending on what type of sex the Amarillo millionaire requested and his generosity at the time.

The suit, filed Wednesday in 108th District Court on behalf of two plaintiffs identified only as John Doe 3 and John Doe 4, names Marsh 3, SM3 LLC, a limited liability company; Barb Wire LP, a Marsh-owned business; Marsh 3’s wife and guardian Gwendolyn “Wendy” O’Brien Marsh; David Weir, a Marsh associate; Marsh 3’s son, Stanley Marsh IV; Amarillo Protective Services LLC, which provides security for the Chase Tower; and McCartt & Associates, which manages the Chase Tower, as defendants. The suit, filed by Houston attorney Anthony Buzbee, said the teens were both 16 at the time.

The lawsuit marks the third civil suit filed against Marsh 3 in a week.

Kelly Utsinger, an attorney representing the Marshes and Weir, said Wednesday he had not yet seen the latest lawsuit.

“I haven’t seen a copy of the pleadings yet so I’m not sure how to respond to your inquiries,” he said.

The lawsuit alleges Marsh 3 first paid the 16-year-olds money to undress in front of him in meetings at his downtown Chase Tower office.

Over time, the suit further alleges the teens had more meetings with Marsh 3 that involved oral sex, watching pornographic movies, masturbation and other sex acts.

The suit also claims two other teens made sworn statements detailing Marsh 3’s activities to “local” police this summer, but no action has been taken.

“When the two complainants recently called the police department to obtain copies of their sworn statements, they were told there is no record of such statements, and no incident report existed,” the suit said.

Sgt. Brent Barbee, a spokesman for the Amarillo Police Department, said state law prevents the department from releasing specific information until a criminal complaint is filed.

“State law protecting both the accused and victims prevents us from even confirming or denying any allegations unless a criminal complaint is filed or an arrest is made. There is no way to legally provide any information on that,” he said Wednesday when asked about the lawsuit.

Buzbee said Wednesday he has collected various pictures and documents — “just a wealth of information” and that more information developed after the first lawsuit was filed.

“I’m just really shocked at how long something can continue like this.”

The suit also said another 17-year-old threatened to report Marsh 3 to the police and that Weir called a group meeting of teen boys in Marsh 3’s “troupe.”

The lawsuit further claims that Marsh 3 offered to pay each of the boys $1,400 per month until each reached the age of 18, but that only one of the teens accepted Marsh3’s offer. The rest of the boys chose to continue accepting money for various sexual favors instead of accepting a set monthly amount, the suit said.

The suit said Marsh 3’s sexual activities followed a “familiar and progressive pattern.”

“With each progressive step, the amount paid by Marsh 3 to the boy grows,” the suit said.

The suit said Marsh 3 paid Doe 2, a black teen, for various sex acts at Marsh 3’s Chase Tower office and in one instance at Marsh 3’s Toad Hall residence at 801 N. Western St.

The lawsuit alleges Marsh 3 paid the teen a sum of money to masturbate in front of the Amarillo millionaire and watch pornographic movies.

Marsh 3, the suit said, knew the teen was 16 at the time and alleges Marsh 3 made Doe 2 take Viagra so he “could sexually perform at Marsh 3’s whim.”

The suit further claims that at least one sexual session with John Doe 2 occurred at the Marsh 3 family home, the suit said, and Marsh 3’s wife showed the teen into a bedroom, where Marsh 3 was waiting for him.

Last week, an Amarillo woman sued Marsh 3 in Potter County, alleging the Amarillo millionaire gave her teenage son cash, vehicles and drugs to engage in sexual acts with Marsh 3 at his downtown Amarillo office.

The suit said another of Marsh 3’s alleged victims reported the abuse to Amarillo police this summer.

Police, the suit said, contacted John Doe 2, who reported “Marsh 3’s abuse of him as well.”

The suit claims Marsh 3 targeted young men who abused drugs and alcohol and who were known to have had troubles with law enforcement.

The suit seeks unspecified damages from the defendants and alleges Marsh 3 knowingly committed sexual abuse and sexual battery on the teen over the course of a year and that Marsh 3 caused severe emotional distress to the teen.

In a suit filed Oct. 24, another Amarillo teen’s mother alleged that in 2010 and 2011, the 74-year-old Marsh 3 performed sex acts on the teen, then 15 and 16, and engaged in various sexual acts with him in Marsh 3’s Chase Tower office.

In November 2011, a judge granted Wendy Marsh guardianship of her husband after he was hospitalized in Dallas and suffered a series of strokes during a six-week period.

An Amarillo native and millionaire, Marsh 3 gained national attention for burying 10 Cadillacs just west of the city limits in 1974 to prove the theory that the best art is unexpected art.

Members of Marsh 3’s Dynamite Museum have created hundreds of faux street signs emblazoned with whimsical phrases or commentary.

He also previously owned KVII television station.

Marsh 3 has faced legal action before:

n In 1996, three indictments charged Marsh 3 with indecency with a child / sexual contact. Those criminal charges eventually were dismissed.

n In 1996, a youth claiming to be a victim of sexual contact of Marsh 3, agreed to drop a civil suit after Marsh 3 paid him money to do so, Houston attorney Dick DeGuerin said then. Marsh 3 admitted no wrongdoing in the settlement, his attorney said.

n In 1998, Marsh 3 paid a $4,000 fine and served community service after pleading no contest to misdemeanor criminal charges of unlawful restraint and criminal trespass after he was accused of putting Benjamin “Ben” Burkhart Whittenburg, a former Amarillo resident who was a teen when the event occurred and a member of a prominent Amarillo family, in a chicken coop for allegedly stealing one of the art signs.

n In 2001, parties involved in four civil lawsuits, including allegations stemming from the Whittenburg case, agreed to settle the cases. The allegations in those civil cases included imprisonment, sexual misconduct and harassment of teens. Marsh 3 apologized, but no other details were made public.